The paper is part of Phase 2 of the NDP government’s Family Law Act (FLA) modernization project. The FLA, which was introduced in 2013, is the main piece of legislation that deals with family violence, guardianship, parenting duties, support payments and dividing property after separation. During Phase 1, the province clarified the law around companion animals, property and pension division to better meet the modern-day needs of separating couples.
Attorney General Niki Sharma said FLA amendments will be drawn from the paper and are aimed at making the justice system more supportive and accessible.
“It includes proposed reforms to better support survivors of family and intimate-partner violence, which remains one of my top priorities,” she said. “I’m grateful to everyone who shared their experience to help guide this work, and I look forward to continuing to improve our laws to meet the needs of families throughout the province.”
Recommendations include updating the legal definition of family violence to directly reference coercive and controlling behaviour, expanding eligibility for protection orders and extending the default length of the orders from one to two years, and aligning parentage provisions for children conceived using sexual intercourse with provisions for children conceived using assisted reproduction.
“As our societal values and understandings evolve, it is important that our policies and laws keep up,” said Jennifer Blatherwick, the province’s parliamentary secretary for gender equity. “This project helps us make sure that our systems are inclusive and equitable for all. Ensuring that our family justice system is responsive and reflective of diverse family structures helps people of all genders, cultures and backgrounds feel safe and welcomed here in B.C.”
Other proposals for change look at areas like guardianship, parenting arrangements and contact while putting an emphasis on putting the needs of children first, including requiring courts to consider safety arrangements for a parent, guardian, child or other family member at risk of family violence, clarifying how decisions about caring for and spending time with a child should be made, and improving children’s opportunities to share their views in the legal process. It also says considering a child’s cultural, linguistic, religious and spiritual heritage when making decisions that affect them should also be emphasized.
Canadian Bar Association, B.C. Branch (CBABC) president Patricia Blair said she was pleased to see the strengthened protections on family violence, such as the recommendations on protection orders.
“We don’t know exactly what is going to come out of this because the legislation hasn’t been introduced, but based on what the proposed changes are this is a real positive for us,” she said. “In the grand scheme of things, the FLA isn’t that old, but there has been major change since it was first introduced.”
Kevin Zakreski, British Columbia Law Institute
“The Act, when it came into effect in 2013, was a major reform effort, and it was going to change a lot of things in family law,” he said. “I think it was positive from our point of view, to see the ministry going back and giving further study to how its reforms have played out in practice and looking for ways to improve it and make sure that the law stays up to date and stays as helpful for people as possible.”
For his part, family lawyer Ari Wormeli said the recommendations contained in the paper range from positive to those that represent what he called “ivory tower” thinking that would work well in a world with unlimited judicial resources.
“Doing things like allowing guardians to appoint non-parents by written agreement is good, as well as updating the Act to directly reference coercive and controlling behaviour, technology-facilitated violence and financial abuse,” he said. “And this ivory tower thinking is great, and we get a lot of good ideas from them, but you always have to be careful when you bring some of that stuff out into the real world because of the law of unintended consequences.”
Wormeli, who practices with YLaw in Vancouver, said one of his specific concerns were the recommendations on considering the best interests of a child.
“What I take from this is that you now need the child’s opinion on everything, and there [are] no restrictions on age — and I just wonder if adding the views of a two-year-old really adds much to the process,” he said. “I think that would take up a lot of resources, a lot of time and expenditure, and I’m not sure how that would make things better.”
But whatever the outcome of the report is, Blair said the CBABC is very happy that the province has prioritized the modernization of the FLA.
“We are so pleased that this is happening and that it seems to be really going into some good depth,” she said. “A lot of the pieces that they are looking at mirror the priorities that the CBABC has also identified through its members, so it’s wonderful that this is aligning.”
The province said it intends to introduce FLA amendments in the legislature “as soon as it is feasible.” A Phase 3 review of the legislation is also planned, looking at things like child support, family dispute resolution processes, judicial case management and enforcement of orders and agreements.
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